Employment withdrawn - advice needed

[temperancebrennan]

Hi everyone,

It's been a while since I've posted - but I need some advise please, if possible.

I worked for a company for 6 years. During which, I had some of my worst anxiety and panic attack moments. This led to having time off as I was unable to function due to the severity and frequency of my panic attacks, due to medication changes, side effects and poor health advice from my GP.

I left the company in January to work elsewhere, but since then I have had my medication increased and my anxiety is under control. I have not had a bad panic episode in at least 6 months.

I interviewed for a job back at this company 2 months ago, was offered the job & was due to start in 1 and a half weeks. They called me yesterday to state the offer of employment has been withdrawn. Today, they confirmed this was because of my "condition" and that the "adjustments" that they put in place for me.

Are they able to legally do this? I have made them and their health management company aware that my anxiety is now under control, and they have not seen me in any roles since January.

I am very upset about this, because even with my time off and panic attacks, I completed more work than anyone else in the business and also had the highest authorisation level of anyone else in my position. These things seem to have been overlooked for the fact that I have a diagnoses mental health condition.

I just need to know if I need to take this further elsewhere.

Thank you all in advance.

[Anne1221]

In the United States, that would be illegal because of privacy laws. My nephew lives in Canada and he found a lawyer who helped people who couldn't afford to pay for one. In the meantime, get started on trying to get that job but apply for new jobs too. Now that you're more stable, start building up your resume.

[jones27]

In the United States, that would be illegal because of privacy laws. My nephew lives in Canada and he found a lawyer who helped people who couldn't afford to pay for one. In the meantime, get started on trying to get that job but apply for new jobs too. Now that you're more stable, start building up your resume.

When applying for jobs now there is usually a section to fill out about disabilities and ocd and major depression is listed, I never check that I have had major depression bc I honestly dont think its any of their business plus I am not sure if mine was ever major or just moderate.

[Dahila]

yes in Canada it would be like in States unlawful, but it does not mean that they do it. I got laid off after my injury in work. They got to pay a lot of money for doing it, but it was better than provide me with modified duty. Law is one thing , practice another
Laid off in Canada leaves you will option to apply for unemployment insurance so practically they are ok if they do not have work for me.
I would look for another job but do not tell them that you got anxiety. Right now most people do have it. Children suffer with it too..
I do not think employer needs to know this........
I am happy to see you, I remember your treads so well, but i am kind of unhappy you are back with bad news...........

[Gingerbread Bat]

I am so sorry that you are going through this. To answer your question it is illegal in the U.K. to discriminate against anyone due to health problems. I agree with what others are saying here about not disclaiming any health or disabilities. I am dyslexic, and have been fired from two jobs on the basis of disclaiming this. I too was told that the company could not cope with any needs I might have, even though I am self-managing and gained a degree without any help. These days I do not tell anyone about my mental health or dyslexia, I just put things in place myself so that I can work.

The best course of action is to have a record of what the company has said, and take it to an advisor. They will be able to point you in the right direction for taking further action. As one advisor said to me, records of communication are very valuable in these situations.

I hope things get better for you soon.

[Teafrenzy]

Sounds like a classic case of health discrimination to me and I am pretty sure it is illegal within the entire "anglosphere". I would contact a lawyer.

[Dahila]

teafrenzy it is illegal, we have the same system in Canada. No employer will give you notice that they did not hire you due the health problem. They will find the excuse. They will never say the true